Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.... When a motion of summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

Fed. R. Civ. P. 56(e).

A. Exemption (b)(7)C)

Section 552(b)(7)(C) of Title 5 [hereinafter "exemption 7(C)"] protects from mandatory disclosure records or information compiled for law enforcement purposes to the extent that disclosure can "reasonably be expected to constitute an unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(7)(C). Defendant relies on this exemption to withhold the names or other identifying information of various individuals.

Plaintiff opposes the application of exemption 7(C) only as applied to the identification of third parties interviewed, mentioned, or of investigative interest to the FBI. The basis for plaintiff's objection, however, is an outdated version of the United States Code, which states that "[information is exempt from disclosure if] the disclosure would constitute an unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(7)(C) (1977) (emphasis added). The United States Code was amended in 1986, and protects information that "could reasonably be expected to constitute an unwarranted invasion of privacy." 5 U.S.C. § 552(b)(7)(C) (1986) (emphasis added). Because the case at bar arose after the 1986 amendments, it must be analyzed according to current statutory requirements.

Revelation of the names of individuals interviewed clearly could reasonably be expected to be an unwarranted invasion of privacy. The mere mention of an individual's name in a law enforcement file could engender comment and speculation and carries a stigmatizing connotation. Branch v. FBI, 658 F. Supp. 204, 209 (D.D.C., 1987). Courts have protected the identities of individuals who were of investigatory interest to law enforcement agencies. Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 779, 103 L. Ed. 2d 774, 109 S. Ct. 1468 (1989); Baez v. Department of Justice, 208 U.S. App. D.C. 199, 647 F.2d 1328, 1338 (D.C. Cir. 1980).

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